Ordinance - 2322ORDINANCE NO.2322
AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA,
REPEALING SECTION 15-19 (SEX OFFENDER RESIDENCY
RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15
(MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH
AND SAFETY), RELATING TO SEX OFFENDERS
WHEREAS, on July 1, 2008, the City Council of the City of West Covina adopted Ordinance
No. 2178, adding Section 15-19 (Sex Offender Residency and Loitering
Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions
Relating to Public Safety), which created child safety zones and residency
restrictions for individuals registered pursuant to Section 290 of the California
Penal Code ("registered sex offenders"); and
WHEREAS, on January 10, 2014, the Fourth Appellate District of the California Court of
Appeal, in People v. N uyen, 222 Cal. App. 4th 1168 (2014), held that a local
ordinance making it a misdemeanor for registered sex offenders to enter a park
where children regularly gather without permission from law enforcement is
preempted by state law; and
WHEREAS, on March 2, 2015, the California Supreme Court in In re Taylor, 60 Cal. 4th 1019
(2015) held that blanket enforcement of residency restrictions under Pen. Code, §
3003.5(b) hampers efforts to supervise and rehabilitate sex offenders in the
interests of public safety, such enforcement was arbitrary and oppressive,
violating due process under the Fourteenth Amendment of the U.S. Constitution,
as such enforcement caused many registered sex offenders on parole in San Diego
County to be homeless, and that such blanket restrictions bear no rational
relationship to advancing the state's legitimate goal of protecting children from
sexual predators; and
WHEREAS, on June 16, 2015, the City Council of the City of West Covina adopted Ordinance
No. 2275, repealing Section 15-19 (Sex Offender Residency and Loitering
Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions
Relating to Public Safety), Relating to Sex Offenders; and
WHEREAS, on July 21, 2015, the City Council of the City of West Covina adopted as an
urgency Ordinance No. 2281, adding Section 15-19 (Sex Offender Residency and
Loitering Restrictions) of Article I (General) of Chapter 15 (Miscellaneous
Provisions Relating to Public Safety), Relating to Sex Offenders, which imposed
residency restrictions on only "Child Sex Offenders" and "Sexually Violent
Predators," as defined; and
WHEREAS, on August 18, 2015,
the City Council of the
City of West
Covina adopted
Ordinance No. 2282,
adding Section 15-19
(Sex Offender
Residency and
Loitering Restrictions)
of Article I (General)
of Chapter 15
(Miscellaneous
Ordinance No. 2322
Page 2
Provisions Relating to Public Safety), Relating to Sex Offenders, which imposed
residency restrictions on only "Child Sex Offenders" and "Sexually Violent
Predators," as defined; and
WHEREAS, the City Council of the City of West Covina hereby reaffirms its findings and
rationale for its adoption of Ordinances 2281 and 2282, as though set forth herein,
including the entirety of the record supporting the Council's adoption, as well as,
specifically the following:
WHEREAS, on November 7, 2006, the voters of the State of California overwhelmingly
approved Proposition 83, the Sexual Predator Punishment and Control Act, to
better protect Californians, and in particular, the children of this State, from sex
offenders; and
WHEREAS, before the passage of Proposition 83, Penal Code Section 3003.5(a) provided that
a person released on parole after having served a term of imprisonment in state
prison for any offense for which registration is required pursuant to Penal Code
Section 290, may not, during the period of parole, reside in any single family
dwelling with any other person also required to register pursuant to Section 290,
unless those persons are legally related by blood, marriage, or adoption. For
purposes of Penal Code Section 3003.5(a), "single family dwelling" does not
include a residential facility which serves six or fewer individuals; and
WHEREAS, Proposition 83 enacted Penal Code Section 3003.5(b), which prohibits any sex
offender who is required to register pursuant to Penal Code Section 290 from
residing within 2,000 linear feet of any public or private school, or any park
where children regularly gather; and
WHEREAS, Proposition 83, as codified in Penal Code Section 3003.5(c), specifically
authorizes municipal jurisdictions to enact local ordinances that further restrict the
residency of any sex offender who is required to register pursuant to Penal Code
Section 290, beyond what is set forth therein; and
WHEREAS, Local ordinances authorized by Penal Code Section 3003.5(c) are permitted to
regulate the number of registered sex offenders that reside in a residential facility,
including those facilities that serve six or fewer persons, commonly referred to as
group homes and sober living facilities, which are considered a single-family
dwelling pursuant to Health and Safety Code Section 1566.3; and
WHEREAS, Many families with children reside in the City of West Covina; and
WHEREAS, The City is concerned with recent occurrences within the City and elsewhere in
California, where multiple registered sex offenders have been residing in clusters
in violation of Penal Code Section 3003.5(b); and
Ordinance No. 2322
Page 3
WHEREAS, The repeal and replacement of Section 15-19 to the West Covina Municipal Code
is intended to reduce the potential dangers associated with multiple child sex
offenders living near families with children and places where children regularly
gather; and
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact
and enforce ordinances that regulate conditions which may be public nuisances or
health hazards, or that promote social, economic or aesthetic considerations; and
WHEREAS, California Government Code Section 38773.5 further authorizes cities to pass
ordinances that provide for the recovery of attorney fees in any action,
administrative proceeding, or special proceeding to abate a nuisance; and
WHEREAS, A 1998 report by the U.S. Department of Justice found that sex offenders are the
least likely criminals to be cured or rehabilitated and the most likely to re -offend,
and that they prey on the most innocent members of our society; that more than
two-thirds of the victims of rape and sexual assault are under the age of 18; and
that sex offenders have a dramatically high rate of recidivism; and
WHEREAS, The California Supreme Court in People v. Mosley, 60 Cal. 4th 1044 (2015), cited
to established social science research, including two reports by the U.S.
Department of Justice, Bureau of Statistics, and one report by the National
Institute of Justice, finding extremely high rates of recidivism for those convicted
of sex offenses, with some re -offenses occurring years after the initial
commission. Accordingly, the Court found a constitutional and rational basis for
continued regulation of sex offenders via registration following release, and
irrespective of the type of underlying sex offense/victim; and
WHEREAS, The City of West Covina is required to comply with state law as interpreted by
the courts of the state; and
WHEREAS, The City of West Covina recognizes that a balanced approach to the regulation of
sex offenders includes measures that assist registrants by providing some housing
opportunities, by reducing the opportunities to reoffend, and by adopting
regulations that encourage more exclusive occupation of the City's varied land
uses, all of which allows registrants to live in a less institutionalized environment;
and
WHEREAS, The City of West Covina recognizes that a balanced approach to the regulation of
sex offenders also includes maintaining policies and Municipal Code provisions
proscribing certain conduct, holding registrants and property owners accountable
for violations, and promoting constructive involvement of law enforcement in
monitoring registrants as permitted by law.
Ordinance No. 2322
Page 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: Section 15-19.2 (Sex offender violation — Single family lots.) of
Chapter 15-19 (Sex Offender Residency Restrictions) of Article I (General) of Chapter 15
(Miscellaneous Provisions Relating to Public Safety) of the West Covina Municipal Code is
hereby repealed and replaced in its entirety with the following:
No child sex offender or sexually violent predator while on parole shall be a permanent or
temporary resident in a single family lot already occupied by any other sex offender, unless those
persons are legally related by blood, marriage or adoption.
SECTION NO.2: Section 15-19.3 (Sex offender violation — Duplex lots.) of Chapter 15-
19 (Sex Offender Residency Restrictions) of Article I (General) of Chapter 15 (Miscellaneous
Provisions Relating to Public Safety) of the West Covina Municipal Code is hereby repealed and
replaced in its entirety with the following:
No child sex offender or sexually violent predator while on parole shall be a permanent or
temporary resident in a duplex lot already occupied by any other sex offender, unless those
persons are legally related by blood, marriage or adoption.
SECTION NO. 3: Section 15-19.4 (Sex offender violation — Multi -family lots.) of
Chapter 15-19 (Sex Offender Residency Restrictions) of Article I (General) of Chapter 15
(Miscellaneous Provisions Relating to Public Safety) of the West Covina Municipal Code is
hereby repealed and replaced in its entirety with the following:
No child sex offender or sexually violent predator while on parole shall be a permanent or
temporary resident in a multi -family lot already occupied by any other sex offender, unless
those persons are legally related by blood, marriage or adoption.
SECTION NO. 4: Section 15-19.5 (Sex offender violation — Hotel, motel,
boardinghouse.) of Chapter 15-19 (Sex Offender Residency Restrictions) of Article I (General) of
Chapter 15 (Miscellaneous Provisions Relating to Public Safety) of the West Covina Municipal
Code is hereby repealed and replaced in its entirety with the following:
(a) No child sex offender or sexually violent predator while on parole shall be a permanent or
temporary resident in a guest room of a hotel, motel, or boardinghouse already occupied by
any other sex offender, unless those persons are legally related by blood, marriage or
adoption.
(b) No child sex offender or sexually violent predator while on parole shall be a permanent
resident in any guest room of a hotel, motel, or boardinghouse wherein a separate and distinct
guest room is already occupied by any other sex offender as a permanent resident.
Ordinance No. 2322
Page 5
SECTION NO. 5: Section 15-19.6 (Sex offender violation — Mobile homes.) of Chapter
15-19 (Sex Offender Residency Restrictions) of Article I (General) of Chapter 15 (Miscellaneous
Provisions Relating to Public Safety) of the West Covina Municipal Code is hereby repealed and
replaced in its entirety with the following:
(a) No child sex offender or sexually violent predator while on parole shall be a temporary or
permanent resident in any mobile home sited in and upon a rented space located within a
mobile home park wherein the mobile home is already occupied by any other sex offender,
unless those persons are legally related by blood, marriage or adoption.
(b) No child sex offender or sexually violent predator while on parole shall be a permanent
resident in any mobile home sited in and upon a rented space located within a mobile home
park within 2000 feet of any other mobile home sited in and upon a rented space located
within the same mobile home park which is already occupied by a sex offender as a
permanent resident, unless those persons are legally related by blood, marriage or adoption.
SECTION NO. 6: Section 15-19.7 (Sex offender violation — Residential Exclusion
Zone.) of Chapter 15-19 (Sex Offender Residency Restrictions) of Article I (General) of Chapter
15 (Miscellaneous Provisions Relating to Public Safety) of the West Covina Municipal Code is
hereby repealed and replaced in its entirety with the following:
No child sex offender or sexually violent predator while on parole shall be a temporary or
permanent resident in any Residential Exclusion Zone.
SECTION NO. 7: The Assistant City Clerk shall certify the adoption of this
Ordinance and shall cause the same to be posted or published in the manner as required by
law.
SECTION NO. 8: This ordinance shall take effect and be in force thirty (30) days
from and after the date of its passage.
PASSED, APPROVED AND ADOPTED on this 5th day of September, 2017.
Corey Warshaw
Mayor
Ordinance No. 2322
Page 6
APPROVED AS TO FORM:
C-i�r i4'
Kimberly 1911 Barlow
City Attorney
ATTEST: "
ickolas S. Lewis '
City Clerk
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 15a` day of August, 2017. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5t' day of
September, 2017, by the following vote:
AYES: Johnson, Toma, Spence
NOES: None
ABSENT: Wu, Warshaw
ABSTAIN: None
�vTi��olas�3-Lewis
City Clerk